MUTCHERLA RAMANATH RAO Vs. TUNGATURTI VENKATA KRISHNA SASTRY

JUDGEMENT

(1.) This is an appeal against the order of the District Judge, Warangal rejecting an application under Section 20 of the Arbitration Act, 1940 (X of 1940).

(2.) The facts material for the purpose of this enquiry lie in a narrow compass. The appellant and the respondent entered into an agreement on 24-6-1955 to refer certain matters in difference between them to the arbitration of three persons viz., (i) C. Ramalingam, (ii) Tandra Venkatram Narsiah and (iii) K. Rajeshwar Rao, the last two of them being advocates practising at Warangal. Alleging that subsequent to the date of agreement neither the arbitrators nor the respondent evinced any interest in the matter of settlement of disputes, the appellant filed an application under Section 20 of the Arbitration Act for filing the arbitration agreement into Court.

(3.) The application was resisted by the respondent on the objection that such an application was incompetent without the institution of a suit. This objection found favour with the District Judge with the result that he rejected the application in limine. It is this order that is under appeal now.